Overview
Workplace discrimination destroys careers, damages mental health, and violates some of the most important civil rights protections in California. Whether it happens in hiring, promotions, pay, discipline, or termination, discrimination is illegal under both state and federal law. Unfortunately, many employers still engage in discriminatory practices, sometimes openly, sometimes subtly.
If you believe you were treated unfairly because of your race, age, gender, disability, or any other protected characteristic, you may have a strong discrimination claim. This page explains your rights, how discrimination occurs, and how an employment lawyer can help you fight back.
What Counts as Employment Discrimination?
Employment discrimination occurs when an employer takes adverse action against you based on your membership in a legally protected category. Adverse actions include:
- Termination
- Demotion
- Pay cuts
- Denial of promotion
- Harassment
- Reduced hours
- Unfair discipline
- Hostile treatment
- Refusal to hire
Even if your employer does not openly admit discriminatory motives, the law looks at patterns, behavior, timing, and evidence to uncover the truth.
Protected Classes Under California and Federal Law
Under the Fair Employment and Housing Act (FEHA) and Title VII, you cannot be discriminated against because of:
- Race or color
- Age (40+)
- Gender or sex
- Pregnancy or childbirth
- Gender identity or sexual orientation
- Religion
- Marital status
- Medical condition or disability
- National origin or ancestry
- Genetic information
- Military/veteran status
California expands protections far beyond federal law, making it one of the strongest states for employee rights.
Examples of Workplace Discrimination
Discrimination can be blatant, but more often, it is subtle and disguised as routine managerial decisions. Here are common real-world examples attorneys handle:
1. Hiring Discrimination
- You are qualified but rejected due to bias
- Job listings that discourage certain groups
- “Cultural fit” excuses masking prejudice
2. Promotion and Advancement Discrimination
- Being passed over for less qualified workers
- Favoritism based on gender, age, or race
- No minorities or women in leadership roles
3. Pay Discrimination
- Being paid less than coworkers doing similar work
- Denied bonuses or raises others routinely receive
4. Discriminatory Discipline
- Sudden write-ups for minor issues
- More severe punishment than peers
5. Workplace Harassment Based on Protected Traits
- Slurs, remarks, jokes, or stereotypes
- Targeted hostility
- Exclusion from meetings or opportunities
6. Wrongful Termination
- Fired after requesting accommodations
- Fired after disclosing pregnancy
- Fired shortly after reporting discrimination
7. Constructive Discharge
When a workplace becomes so hostile the employee is forced to quit.
Disparate Treatment vs. Disparate Impact
Understanding these distinctions can strengthen your claim:
Disparate Treatment
This occurs when an employer intentionally targets someone based on a protected trait.
Example:
A woman is denied a promotion because the manager “prefers men in leadership positions.”
Disparate Impact
This occurs when a company policy is neutral on its face but disproportionately harms a protected group.
Example:
A strength test for hiring that unnecessarily eliminates older applicants.
Both forms are illegal.
How Do You Prove Workplace Discrimination?
You do not need a confession or direct evidence. Courts understand discrimination is rarely expressed openly. A strong claim may be built using a combination of:
1. Comparative Evidence
Showing others outside your protected group received better treatment.
2. Timing
Adverse actions occurring right after protected activity or life events (pregnancy, disability disclosure, etc.).
3. Patterns or Statistical Evidence
Clear bias in a department or company.
4. Written or Digital Evidence
Emails, texts, messages, or HR documents revealing concerns, hostility, or contradictions.
5. Witness Testimony
Coworkers who noticed discriminatory statements or behavior.
6. Performance Review History
If past reviews contradict the employer’s sudden negative claims, it shows pretext.
7. Employer Explanations That Don’t Add Up
Inconsistent reasons for discipline or termination strongly support discrimination claims.
An attorney analyzes all of this to build the strongest case possible.
Retaliation After Reporting Discrimination
California law protects employees who:
- Report discrimination
- Participate in an investigation
- Support a coworker’s claim
- Refuse to participate in discriminatory actions
If you were punished for speaking up, that is retaliation, which is a separate violation with additional damages.
Retaliation often appears as:
- Sudden schedule changes
- Reduction in hours
- Unfair criticism
- Write-ups
- Exclusion from projects
- Termination
Retaliation claims are powerful because the timing is often clear and compelling.
Damages You May Recover in a Discrimination Case
Employees who experience discrimination may be entitled to significant compensation, including:
1. Back Pay
Lost wages from the date of discrimination or termination.
2. Front Pay
Future earnings if reinstatement isn’t feasible.
3. Emotional Distress
Anxiety, humiliation, stress, and mental suffering.
4. Punitive Damages
Punish employers who act with malice or conscious disregard.
5. Loss of Employment Benefits
Retirement contributions, health insurance, stock options, bonuses, etc.
6. Attorney Fees
Many discrimination laws allow full recovery of your attorney’s fees.
7. Injunctive Relief
Courts can order employers to change discriminatory practices.
Discrimination cases often produce high-value settlements because emotional distress and punitive damages can be substantial.
How an Employment Lawyer Helps You
Discrimination cases require both legal expertise and strategic evidence gathering. An attorney strengthens your case by:
- Conducting a detailed timeline analysis
- Gathering documents, messages, and witness statements
- Filing complaints with the EEOC or CRD (formerly DFEH)
- Negotiating with the employer
- Calculating total damages
- Filing a lawsuit if needed
- Presenting evidence in a compelling, organized narrative
Employers take claims far more seriously when an experienced attorney is involved.
What to Do if You Suspect You’re Being Discriminated Against
Follow these steps to protect your rights:
- Document everything (dates, times, incidents).
- Save texts, emails, and messages.
- Request your personnel file.
- Do not sign anything without legal review.
- Avoid discussing the issue with managers or coworkers.
- Contact an employment attorney as early as possible.
The sooner you act, the easier it is to preserve evidence.
Get Help From a California Workplace Discrimination Lawyer
If you believe you were discriminated against at work, you are not alone, and you are protected by law. A workplace discrimination attorney can help you understand your rights, gather evidence, and pursue the compensation you deserve.
